Bill Text: IL HB4618 | 2009-2010 | 96th General Assembly | Introduced

---

Bill Title: Amends the Illinois Highway Code. Provides that a municipality that is located partially or wholly in a county with a population greater than 500,000 but less than 3,000,000 under specified conditions may expend Motor Fuel Tax street or road funds (except Federal-aid funds) on streets or highways or sections of highways without prior review or approval of the Department of Transportation for routine maintenance activities as determined by the Department, including without limitation snow plowing, street cleaning, crack-sealing, and road patching; and routine and periodic roadway resurfacing activities (including grinding off the surface course of roads, but not involving expansions or reconstruction of more than 20% of the affected road bed). Effective immediately.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2009-10-01 - Added Chief Co-Sponsor Rep. Carol A. Sente [HB4618 Detail]

Download: Illinois-2009-HB4618-Introduced.html

---

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB4618 Introduced , by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED:
605 ILCS 5/7-202.2 from Ch. 121, par. 7-202.2
605 ILCS 5/7-203.3 new
Amends the Illinois Highway Code. Provides that a municipality that is located partially or wholly in a county with a population greater than 500,000 but less than 3,000,000 under specified conditions may expend Motor Fuel Tax street or road funds (except Federal-aid funds) on streets or highways or sections of highways without prior review or approval of the Department of Transportation for routine maintenance activities as determined by the Department, including without limitation snow plowing, street cleaning, crack-sealing, and road patching; and routine and periodic roadway resurfacing activities (including grinding off the surface course of roads, but not involving expansions or reconstruction of more than 20% of the affected road bed). Effective immediately.
LRB096 14556 AJT 29393 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4618 LRB096 14556 AJT 29393 b
AN ACT concerning highways.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Highway Code is amended by adding
Sections 7-202.2 and 7-203.3 as follows:
(605 ILCS 5/7-202.2) (from Ch. 121, par. 7-202.2)
Sec. 7-202.2. The construction and maintenance of
municipal streets and alleys as may be designated by the
corporate authorities and approved by the Department or
pursuant to Section 7-203.3 of this Code.
(Source: P.A. 78-1274.)
(605 ILCS 5/7-203.3 new)
Sec. 7-203.3. Alternative procedures for routine
maintenance activities.
(a) For any municipality qualifying to participate under
subsection (b) of this Section, such municipality may expend
Motor Fuel Tax street or road funds, except Federal-aid funds,
on streets or highways or sections of highways without prior
review or approval of the Department for: (1) any routine
maintenance activities as determined by the Department,
including without limitation snow plowing, street cleaning,
crack-sealing, and road patching; and (2) routine and periodic

HB4618 - 2 - LRB096 14556 AJT 29393 b
roadway resurfacing activities (including grinding off the
surface course of roads, but not involving expansions or
reconstruction of more than 20% of the affected road bed).
Bidding for projects qualifying under clauses (1) and (2) of
this subsection (a) shall comply with the requirements of the
Illinois Municipal Code.
(b) A municipality is qualified to act under this Section
if it meets all of the following requirements:
(1) it is located partially or wholly in a county with
a population greater than 500,000 but less than 3,000,000;
(2) the municipality adopts an ordinance or resolution
electing to proceed under this Section 7-203.3 and delivers
such ordinance or resolution to the Department Secretary;
(3) the mayor or president of the municipality annually
certifies to the Department that:
(A) the municipality has complied with Section
7-301;
(B) the municipality has appointed a full-time
engineer or has retained a licensed professional
engineer or professional engineering firm charged with
overseeing the municipality's street, road, or highway
construction and maintenance programs; and
(C) the municipality has expended Motor Fuel Tax
funds only on activities authorized by this Article;
(4) the municipal engineer or engineering firm (as
described in clause (3)(B) of this subsection (b) annually

HB4618 - 3 - LRB096 14556 AJT 29393 b
certifies to the Department that the municipality's
activities undertaken with Motor Fuel Tax funds satisfied
the requirements of clauses (1) and (2) of subsection (a)
of this Section and otherwise comported with applicable
specifications of the Department relating to such
activities; and
(5) the municipality annually submits a certified
audit of its motor fuel tax fund to the Department
establishing that the municipality has properly used its
Motor Fuel Tax funds.
Any municipality that fails to comply with the requirements
of this Section or whose audit is not found acceptable to the
Department shall be barred from utilizing this Section for a
period of 5 years, unless the Department approves the
municipality's earlier participation under this Section.
(c) For activities not within the scope of subsection (a)
of this Section, a municipality must comply with the general
provisions of this Division 2 regarding the Department's review
and approval of expenditure of Motor Fuel Tax funds.
Section 99. Effective date. This Act takes effect upon
becoming law.